Page:United States Statutes at Large Volume 124.djvu/1768

 124 STAT. 1742 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(D) to any whistleblower who fails to submit informa- tion to the Commission in such form as the Commission may, by rule or regulation, require. ‘‘(d) REPRESENTATION.— ‘‘(1) PERMITTED REPRESENTATION.—Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. ‘‘(2) REQUIRED REPRESENTATION.— ‘‘(A) IN GENERAL.—Any whistleblower who anony- mously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower sub- mits the information upon which the claim is based. ‘‘(B) DISCLOSURE OF IDENTITY.—Prior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Commission may require, directly or through counsel for the whistleblower. ‘‘(e) NO CONTRACT NECESSARY.—No contract with the Commis- sion is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Commission, by rule or regulation. ‘‘(f) APPEALS.— ‘‘(1) IN GENERAL.—Any determination made under this sec- tion, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Commission. ‘‘(2) APPEALS.—Any determination described in paragraph (1) may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determina- tion is issued by the Commission. ‘‘(3) REVIEW.—The court shall review the determination made by the Commission in accordance with section 7064 of title 5, United States Code. ‘‘(g) COMMODITY FUTURES TRADING COMMISSION CUSTOMER PROTECTION FUND.— ‘‘(1) ESTABLISHMENT.—There is established in the Treasury of the United States a revolving fund to be known as the ‘Commodity Futures Trading Commission Customer Protection Fund’. ‘‘(2) USE OF FUND.—The Fund shall be available to the Commission, without further appropriation or fiscal year limita- tion, for— ‘‘(A) the payment of awards to whistleblowers as pro- vided in subsection (a); and ‘‘(B) the funding of customer education initiatives designed to help customers protect themselves against fraud or other violations of this Act, or the rules and regulations thereunder. ‘‘(3) DEPOSITS AND CREDITS.—There shall be deposited into or credited to the Fund: ‘‘(A) MONETARY SANCTIONS.—Any monetary sanctions collected by the Commission in any covered judicial or administrative action that is not otherwise distributed to victims of a violation of this Act or the rules and regulations thereunder underlying such action, unless the balance of the Fund at the time the monetary judgment is collected exceeds $100,000,000. Deadline.